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If you are building a recognisable brand, the short answer is yes. This guide explains when an online seller needs a trademark, when you can manage without one, and what the platforms actually require.
If you are building a brand that customers will recognise and return to, you should register a trademark. If you are simply reselling other brands' products under a generic business name with no intention of building brand equity, a trademark is less critical, though still advisable.
The distinction matters. A trademark protects your brand identity: your shop name, your product line name, your logo. It stops others from trading under the same or a confusingly similar name in your sector. Without one, your only recourse is a passing off claim, which requires you to prove established goodwill, is expensive to litigate, and offers no guaranteed outcome.
Many online sellers assume that registering a business name with Companies House or HMRC is sufficient. It is not. Business name registration and trademark registration are entirely separate legal concepts. For more detail, see our guide on company name vs trademark.
This is the most common and most damaging scenario. You spend months or years building a brand, gaining customers, and investing in marketing. Then another trader registers your shop name as a trademark. They can now send you a cease and desist letter demanding you stop using the name. You would have a defence based on prior use, but proving it is costly, uncertain, and requires legal representation.
Without a registered trademark, getting counterfeit or copycat listings removed from Amazon, eBay, Etsy, or TikTok Shop is far more difficult. These platforms prioritise trademark holders in their brand protection programmes. A registration number turns a weeks-long dispute into a straightforward takedown request.
Amazon Brand Registry, which gives sellers enhanced listing controls, A+ Content, and brand analytics, requires a registered trademark. Without one, you are locked out of tools that directly affect your competitiveness on the platform.
There are scenarios where the urgency is lower, though registration is still good practice:
For online retail, the most important trademark class is Class 35, which covers retail services, online retail services, and the bringing together of goods for the benefit of others. Your specification would typically read something like: "Retail services and online retail services connected with the sale of [your product categories]."
If you sell own-brand products, you also need the class covering those specific goods. For example:
| Product type | Goods class | Total cost with Class 35 |
|---|---|---|
| Clothing, shoes | Class 25 | £265 |
| Candles, home fragrance | Class 4 | £265 |
| Jewellery | Class 14 | £265 |
| Cosmetics, skincare | Class 3 | £265 |
| Stationery, prints | Class 16 | £265 |
| Food, confectionery | Class 30 | £265 |
Amazon requires an active registered trademark (or a pending application through Amazon's IP Accelerator programme) to enrol in Brand Registry. A UK, EU, US, or several other jurisdictions' registrations qualify. Brand Registry gives you access to:
For UK sellers, the simplest route is to register with the UK IPO (£205 for one class, approximately four months to registration) and then enrol in Brand Registry with your registration number.
Etsy does not require a trademark to open or operate a shop. However, Etsy's intellectual property policy does allow trademark holders to report infringement. If another seller copies your shop name or brand name, having a registration makes the takedown process straightforward. Without one, you need to submit a more complex claim relying on common law rights.
eBay's VeRO programme lets trademark owners report listings that infringe their marks. Enrolment requires a valid trademark registration. Registered members can report and remove infringing listings quickly, often within 24 hours.
TikTok Shop has introduced brand protection tools that favour trademark holders. Shopify itself does not require a trademark, but if your Shopify store faces a brand dispute, a registration is your strongest evidence of rights.
A UK trademark registration in one class costs £205. Two classes cost £265. The entire process takes about four months and requires no solicitor for straightforward applications.
Compare this to the cost of a brand dispute:
| Scenario | Typical cost |
|---|---|
| UK trademark registration (1 class) | £205 |
| Cease and desist letter from a solicitor | £500–£2,000 |
| Defending a trademark opposition | £3,000–£10,000 |
| Full rebrand (design, domains, packaging, marketing) | £5,000–£25,000+ |
| Trademark infringement litigation | £20,000–£100,000+ |
The £205 filing fee is, in practical terms, an insurance policy. The cost of not filing only becomes apparent when something goes wrong, and by then, the options are far more expensive.
If you have decided to proceed, the steps are straightforward. For a detailed walkthrough, see our complete guide to UK trademark registration.
No. There is no legal requirement to hold a trademark in order to sell goods or services online. However, without one, you have very limited protection if someone else starts using your brand name, or if a competitor registers it before you do.
Yes. Amazon Brand Registry requires an active registered trademark or a pending application filed through the IP Accelerator programme. A UK, EU, or US trademark registration qualifies.
Etsy does not require a trademark to open a shop. However, having a registered mark makes it significantly easier to enforce your rights if another seller copies your brand name or shop name on the platform.
A UK trademark costs £205 for one class filed online. Most online shops need Class 35 (retail services). If you also sell own-brand products, you may need a second class for the goods themselves, bringing the total to £265.
A business name registered with Companies House or HMRC identifies your legal entity for tax and regulatory purposes. It does not give you exclusive rights to use that name commercially. A trademark grants you the legal right to prevent others from using the same or a confusingly similar name for the same type of goods or services.